IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.3479/2016 (MV) BETWEEN DEEPIKA POOJARY D/O MANJUNATH POOJARY, AGED ABOUT 18 YEARS, R/O BUDDIMANE, KAMBADAKONE VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576201. ... APPELLANT (BY SRI. NAGARAJA HEGDE, ADV.) AND 1. SRI SRINIVAS MADIVALA S/O BABU MADIVALA, AGE: MAJOR, R/O MAKKIBETTU, THEKKATTE VILLAGE & POST, UDUPI TALUK & DISTRICT-576101.
2. THE UNITED INDIA INSURANCE CO. LTD., MICRO OFFICE, "SRINIVAS NILAYA", COMPOUND, SALIGRAMA REP. BY DIVISIONAL OFFICE, 1ST FLOOR, "JEWELL PLAZA" MARUTHI VEETHIKA, UDUPI DISTRICT-576101. ... RESPONDENTS ( BY SRI. O MAHESH, ADV. FOR R2.
R1 – SERVED. ) * * * THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.02.2016 PASSED IN MVC NO.411/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ‘FINAL HEARING’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant, who is the claimant, dissatisfied with the amount of compensation awarded by the Tribunal for the injuries sustained by her in a motor vehicle accident that occurred on 22.11.2013, has filed this appeal, seeking enhancement.
2. As per the wound certificate and the evidence of the doctor, the injured has suffered the following injuries:
“(1) Laceration over forehead-2 in Nos.6 x 2 c.m. bleeding, bone deep.
(2) Bone deep laceration 4 x 3 c.m. left knee.
(3) Tenderness, haemthrosis left knee with medical femoral tenderness, x-ray shows fracture of medical femoral condyle.”
It is further stated that the appellant was in-patient for 5 days in the hospital and she has suffered 14% disability as per Ex.P10-disability certificate.
3. Learned counsel for the appellant submits that compensation awarded under various heads is on lower side. Hence, suitable and just compensation is to be awarded.
4. Learned counsel for the insurer supports the impugned Judgment and Award.
5. I have heard learned counsel for the parties.
6. The disability suffered by the appellant is 14% to the whole body. The appellant was a non-earning member as she was a student studying in P.U.C. at the time of accident. Hence, awarding of compensation under the head loss of earning so far as the claimant does not arise. The Tribunal has awarded a compensation of Rs.35,000-00 under the head pain and sufferings. The said amount is just and proper. Though it is stated that the appellant had spent a sum of Rs.80,000-00 towards medical expenses and food and nourishment and conveyance, on the basis of the bills produced which is not disputed by the respondents, the Tribunal has rightly awarded Rs.20,220-00 towards medical expenses. Towards loss or earning during the laid-up period, the Tribunal has awarded a sum of Rs.20,000-00 at the rate of Rs.4,000-00 per month assessing that parents must have lost income for five months. Hence, the said amount is correctly assessed by the Tribunal. The Tribunal has awarded a sum of Rs.50,000-00 under the disability head. In this regard, by taking note of the fact that the injured was a student and had suffered injury, she must have undergone loss of discomfort for the purpose of attending the classes and appearing for the examination, hence some more amount is required to be awarded as compensation under this head. Hence, an additional sum of Rs.50,000-00 is awarded under the head disability. The Tribunal has awarded only a sum of Rs.15,000-00 towards loss of amenities, which is on the lower side. Hence, additional sum of Rs.20,000-00 is awarded under this head.
In the result, the appeal is allowed in part. In addition to the compensation awarded by the Tribunal, the appellant is entitled to a further sum of Rs.70,000-00 with interest at 6% p.a. from the date of the petition till its payment.
Sd/- JUDGE.
CT-HR Ksm*